(a) The label of a dog or cat food may bear a statement of caloric content, provided:   (1) the statement shall be separate and distinct from the "Guaranteed Analysis" and shall appear under the heading "Caloric Content";   (2) the statement shall be measured in terms of metabolizable energy (ME) on as fed basis and must be expressed as "kilocalories per kilogram" ("kcal/kg") of product, and may also be expressed as kilocalories per familiar household measure (e.g., cans, cups, pounds); and   (3) an affidavit shall accompany the request for label review substantiating that the caloric content was determined:     (A) by calculation using the following "Modified Atwater" formula: ME (kcal/kg) = 10 (3.5 x CP) + (8.5 x CF) + (3.5 x NFE) where CP = % crude protein as fed, CF = % crude fat as fed, NFE = % nitrogen-free extract (carbohydrate) as fed and the percentages of CP and CF are the arithmetic
averages from proximate analyses of at least four production batches of the product, and the NFE is calculated as the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture and ash (determined in the same manner as CP and CF). The results of all the analyses used in the calculation must accompany the affidavit, and the claim on the label or other labeling must be followed parenthetically by the word "calculated";     (B) in accordance with a testing procedure established by the Association of American Feed Control Officials. The summary data used in the determination of calorie content must accompany the affidavit. The value stated on the label shall not exceed or understate the value determined in accordance with subparagraph (A) of this paragraph by more than 15%; and   (4) comparative claims shall not be false, misleading or given undue emphasis and must be based on the same methodology for both products.
(b) Labels of a dog or cat food bearing descriptors of caloric or fat content shall comply with the following:   (1) When using the term "Light," "Lite," "Low Calorie," or words of similar designation:     (A) Dog food product labels shall contain and state no more than 3,100 kcal ME/kg for products containing 15% or less moisture, no more than 2,500 kcal ME/kg for products containing more than 15% but less than 50% moisture, and no more than 900 kcal ME/kg for products containing 50% or more moisture. The label shall bear a calorie content statement. Feeding directions shall reflect a reduction in calorie intake consistent with the intended use.     (B) Cat food product labels shall contain and claim no more than 3,250 kcal ME/kg for products containing 15% or less moisture, no more than 2,650 kcal ME/kg for products containing more than 15% but less than 50% moisture, and no more than 950 kcal ME/kg for products
containing 50% or more moisture. The label shall bear a calorie content statement. Feeding directions shall reflect a reduction in calorie intake consistent with the intended use.   (2) When using the term "Less" or "Reduced Calories" or words of similar designation, the percentage of reduction and the product of comparison shall be explicitly stated and juxtaposed with the claim in the same size, style, and color print. The product label shall also bear a calorie content statement. Comparisons between products in different categories of moisture content (15% or less, more than 15% but less than 50%, 50% or more) are misleading. Feeding directions shall reflect a reduction in calories compared to feeding directions for the product of comparison.   (3) When using the terms "Lean," "Low Fat," or words of similar designation:     (A) Dog food product labels shall contain and guarantee no more than 9.0% crude fat for products containing
15% or less moisture, no more than 7.0% crude fat for products containing more than 15% but less than 50% moisture, and no more than 4.0% crude fat for products containing 50% or more moisture. The product label shall bear a maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in §63.2(c) of this title (relating to Label Format and Labeling).     (B) Cat food product labels shall contain and guarantee no more than 10% crude fat for products containing 15% or less moisture, no more than 8.0% crude fat for products containing more than 15% but less than 50% moisture, and no more than 5.0% crude fat for products containing 50% or more moisture. The product label shall bear a maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis as specified in §63.2(c) of this title.
  (4) When using the term "Less," "Reduced Fat," or words of similar designation on cat food labels, the percentage of reduction and the product of comparison shall be explicitly stated and juxtaposed with the claim in the same size, style, and color print. The product label shall also bear a maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in §63.2(c) of this title. Comparisons between products in different categories of moisture content (15% or less, more than 15% but less than 50%, 50% or more) are misleading.


Source Note: The provisions of this §63.9 adopted to be effective February 28, 1995, 20 TexReg 1018; amended to be effective February 21, 1997, 22 TexReg 1628.